Illinois Small Claims Complaint is a legal document that is used to initiate a lawsuit in the state of Illinois. This type of complaint is filed in civil court when one party believes that another party owes them money or property. Types of Illinois Small Claims Complaint include breach of contract, debt collection, property damage, and eviction cases. The complaint must include specific information such as the plaintiff’s and defendant’s names, the amount of money or property at stake, and the legal basis for the claim. The plaintiff must also provide proof that the defendant was served a copy of the complaint. After filing, a hearing is scheduled and the court will decide if the plaintiff is entitled to the money or property.
Illinois Small Claims Complaint
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Small Claims Complaint
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Use our Small claims complaint Easy Form program to fill out the forms you need. Blank forms are available on the Illinois Courts website. The Complaint describes your claim against the defendant. If you have any documents to support your claim, attach copies to your Complaint.
Illinois courts have recognized a distinct cause of action for negligent infliction of emotional distress. In addition, emotional distress may be an element of damages in a separate tort action.
Small Claims court is a place for the speedy trial of lawsuits (complaints) based upon contract or tort (breach of a legal duty) seeking $10,000 or less. Filing and pre-trial procedures are simplified compared to other lawsuits.
Plaintiffs may seek monetary damages only up to $3,000.00. Defendants can defend against the complaint either pro se or with an attorney. If the defendant appears with a lawyer, the plaintiff has the right to hire an attorney, and the case remains in the Pro Se Branch of the Small Claims Court.
A few ways include taking money from the debtor's bank account or garnishing the debtor's wages. Sometimes, the creditor doesn't know where the debtor works or where they have a bank account. Then, the creditor can use a Citation to Discover Assets to find out this information.
5 years from the date of the broken contract to file a claim for breach of contract against someone with whom you have a contract with that is not in writing, and. 10 years from the date of the broken contract to file a claim for breach of contract against someone with whom you have a written contract.
To file a small claims complaint, the plaintiff must pay a filing fee depending on the amount and type of suit to be filed. If the amount of money you are asking for is $2,500.00 or less, the filing fee is $89.00. If the amount of money exceeds $2,500.00 but not more than $10,000.00 the filing fee is $225.00.